Legislature(2013 - 2014)BELTZ 105 (TSBldg)

04/18/2014 08:00 AM Senate STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 216 OFFICIAL LANGUAGES OF THE STATE TELECONFERENCED
Moved CSHB 216(STA) Out of Committee
+ HB 356 ADVISORY COMMITTEE ON WELLNESS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
             HB 216-OFFICIAL LANGUAGES OF THE STATE                                                                         
                                                                                                                                
CHAIR  DYSON  announced  the  consideration   of  HB  216.  [CSHB
216(STA) was before the committee.]                                                                                             
                                                                                                                                
8:03:37 AM                                                                                                                    
SENATOR COGHILL moved Amendment 1.                                                                                              
                                                                                                                                
CHAIR DYSON objected for discussion purposes.                                                                                   
                                                                                                                                
SENATOR  COGHILL explained  that  the amendment  places the  bill                                                               
under a different  statute and terms the languages  listed in the                                                               
bill as "ceremonial" as opposed to "official."                                                                                  
                                                                                                                                
8:06:08 AM                                                                                                                    
REPRESENTATIVE    JONATHON     KREISS-TOMKINS,    Alaska    State                                                               
Legislature,  sponsor  of  HB  216,  reviewed  Senator  Coghill's                                                               
amendment and  asked if the intent  is to move the  language from                                                               
Chapter 44.12 to Chapter 44.09.                                                                                                 
                                                                                                                                
SENATOR COGHILL  answered yes; the  amendment would create  a new                                                               
Sec. 44.09.150.                                                                                                                 
                                                                                                                                
CHAIR DYSON offered to set the  bill aside to give the sponsor an                                                               
opportunity to review the amendment.                                                                                            
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS  explained  that the  bill  amends                                                               
Chapter 44.12  because that chapter addresses  official language.                                                               
He said  he appreciates the intent  of creating a new  section in                                                               
Chapter 44.09, but  has a slight hesitation. He  advised that the                                                               
balance he hopes  to strike is to impose no  obligation or burden                                                               
on government,  but not make  it appear that these  languages are                                                               
in a display case and ceremonial.                                                                                               
                                                                                                                                
SENATOR  COGHILL said  his intention  is to  honor the  languages                                                               
while recognizing that Alaska trades in English.                                                                                
                                                                                                                                
8:11:07 AM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
8:12:24 AM                                                                                                                    
CHAIR DYSON reconvened the meeting and  recessed to a call of the                                                               
chair.                                                                                                                          
             HB 216-OFFICIAL LANGUAGES OF THE STATE                                                                         
                                                                                                                                
CHAIR DYSON returned attention to  HB 216. [Amendment 1 was under                                                               
consideration.]                                                                                                                 
                                                                                                                                
11:26:10 AM                                                                                                                   
SENATOR COGHILL  restated that  the intent of  Amendment 1  is to                                                               
place  the bill  in Chapter  44.09  that houses  the state  seal,                                                               
flag, and emblems. He noted that  he and the sponsor were working                                                               
on a compromise.                                                                                                                
                                                                                                                                
11:28:18 AM                                                                                                                   
REPRESENTATIVE JONATHON  KREISS-TOMKINS, sponsor of HB  216, said                                                               
he wants to ensure that the  language is still true to the spirit                                                               
of the bill while acknowledging  Senator Coghill's concern. It is                                                               
very clear  in statute that  English is the official  language of                                                               
government and  commerce in Alaska.  The bill was  never intended                                                               
to touch that; its purpose is  to bring these Native languages in                                                               
on an equal  plane, because they are just as  Alaskan as English.                                                               
He said he  didn't object to moving the bill  to Chapter 44.09 as                                                               
long  as  the  wording  in  the bill  still  gives  these  Native                                                               
languages official  status. He  expressed hesitation  about using                                                               
the term "ceremonial."                                                                                                          
                                                                                                                                
CHAIR  DYSON  disagreed  with using  the  term  "ceremonial"  and                                                               
suggested  using the  term "recognized;"  it is  neither official                                                               
nor ceremonial.                                                                                                                 
                                                                                                                                
11:31:37 AM                                                                                                                   
SENATOR WIELECHOWSKI  said he  appreciates the  effort to  find a                                                               
compromise, but his perspective is  that the bill does not impact                                                               
the voter passed  initiative that enacted AS  44.12.320. It reads                                                               
as follows:                                                                                                                     
                                                                                                                                
     SCOPE                                                                                                                      
     The English language is the  language to be used by all                                                                    
     public  agencies   in  all  government   functions  and                                                                    
     actions.  The English  language  shall be  used in  the                                                                    
     preparation  of  all   official  public  documents  and                                                                    
     records, including  all documents  officially compiled,                                                                    
     published or recorded by the government.                                                                                   
                                                                                                                                
He  noted  that  Senator  Coghill provided  a  Legislative  Legal                                                               
memorandum that in part says:                                                                                                   
                                                                                                                                
     In my  opinion, HB 216  would not create  an additional                                                                    
     duty  of government  to  provide  documents in  another                                                                    
     language.                                                                                                                  
                                                                                                                                
     I do  not believe  that HB  216 would  require printing                                                                    
     ballots   and   voting   materials  in   the   official                                                                    
     languages.  It is  my  opinion that  HB  216 would  not                                                                    
     place  any  additional burdens  on  schools.  It is  my                                                                    
     opinion that HB 216 would  not require schools to teach                                                                    
     a second language in the public school system.                                                                             
                                                                                                                                
SENATOR  WIELECHOWSKI  said   he  understands  Senator  Coghill's                                                               
concern, but  he believes  the problems  have been  addressed and                                                               
the bill doesn't need change.                                                                                                   
                                                                                                                                
SENATOR GIESSEL noted  that Sec. 44.12.310 says  that the English                                                               
language is the official language of the State of Alaska.                                                                       
                                                                                                                                
SENATOR COGHILL  agreed, adding that  the bill would  change that                                                               
so  that English  and the  listed Native  languages would  be the                                                               
official  languages  of  the  state. He  thought  that  would  be                                                               
confusing, based on the findings  and scope. He worried that this                                                               
could cause problems.                                                                                                           
                                                                                                                                
11:36:00 AM                                                                                                                   
REPRESENTATIVE KREISS-TOMKINS questioned  whether moving the text                                                               
of the bill to Chapter 44.09 would be a fair compromise.                                                                        
                                                                                                                                
SENATOR COGHILL agreed with the suggestion.                                                                                     
                                                                                                                                
CHAIR DYSON  suggested the committee  move the bill and  amend it                                                               
on the floor.                                                                                                                   
                                                                                                                                
SENATOR COGHILL offered  to withdraw the amendment  and work with                                                               
the sponsor on a floor amendment.                                                                                               
                                                                                                                                
11:38:30 AM                                                                                                                   
SENATOR COGHILL withdrew Amendment 1.                                                                                           
                                                                                                                                
SENATOR GIESSEL moved  to report CS for HB  216(STA), labeled 28-                                                               
LS0905\Y,  from  committee  with individual  recommendations  and                                                               
attached zero fiscal note(s).                                                                                                   
                                                                                                                                
CHAIR DYSON found  no objection and announced  that CSHB 216(STA)                                                               
is reported from the Senate State Affairs Standing Committee.                                                                   

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